Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank the Deputy for again raising this important issue in the House. Above all, I want people to be safe and feel safe in their homes and on our streets.

We are responding with more gardaí, better equipment for our gardaí and stronger laws, more judges and more places in our prisons. The Garda budget has never been higher, at €2.3 billion a year. That is up 25% in four years. We are building stronger, safer communities. Ba mhaith liom go mbeadh daoine sábháilte agus go mothóidís sábháilte ina dtithe agus ar na sráideanna. Mar sin, táimid ag freagairt le níos mó gardaí, trealamh níos fearr dár ngardaí, dlíthe níos láidre, níos mó breithiúna agus níos mó spáis i bpríosún. Ní raibh buiséad an Gharda Síochána níos airde riamh agus é suas 25% i gceithre bliana. Táimid ag tógáil pobail níos láidre agus níos sábháilte.

I do understand the frustration that people feel with regard to recidivism and repeat offenders. We have to make sure our laws are as tough as they can be while acknowledging the fact that over 70% of people who engage with the criminal justice system have mental health issues or addiction challenges. The law in relation to bail is comprehensive and has been strengthened on a number of occasions over recent years, most recently in 2017 under the then Minister, Frances Fitzgerald. As the Deputy is aware, bail legislation must be built around the constitutional presumption that an accused person is innocent until proven guilty. The presumption of innocence is a cornerstone of our legal system and a fundamental principle behind the right to a fair trial. The fact that somebody may have been guilty in the past does not mean they are guilty now.

Restricting a person's liberty prior to trial is a very serious matter. Judges are independent in the exercise of their judicial functions and the decision to grant or refuse bail in a particular case is solely a matter for the judge concerned. Among the matters the court can have regard to when deciding whether to refuse bail is persistent, serious offending by an applicant and, in specific circumstances, the nature and likelihood of any danger to a person or to the community from granting bail. The Bail Act of 1997, which followed the 1996 referendum, enables courts to refuse bail for a person charged with a serious offence to prevent the risk of another serious offence being committed while on bail. Since then, the bail laws have been further strengthened, specifically by the Criminal Justice Act 2007; the Criminal Justice (Burglary of Dwellings) Act 2015; and the Criminal Justice Act 2017.

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